The difference between contesting a divorce and doing it amicably is massive in terms of time, money, and nerves. Some couples are willing to go to great lengths and have a fully-fledged divorce trial, involving sky-high attorneys’ fees and court costs. Others bite the bullet and go through the practical aspects of ending their marriage with as little waste as possible. The fact is that only an uncontested divorce has options enabling the couple to save their money. A contested divorce includes only litigation with little leeway. Let’s get into detail on both types of divorce.

Ways to Approach an Uncontested Divorce

A divorce is uncontested when the spouses choose “irreconcilable differences” as grounds for divorce (also known as no-fault divorce) and agree to terms of custody and the separation of property (spousal support is rarely negotiated in uncontested divorces). Once the spouses decide to work toward bringing their marriage to a peaceful resolution, they have the following options:

Legal Representation

The pricey yet easy option is when the couple hires a lawyer to prepare the divorce paperwork, make sure the parties meet the requirements, and show up for court hearings. The lawyer will prepare the separation agreement and help the spouses divide the marital property and debt according to the rules and laws of the state.

To reduce the cost of divorce, family lawyers offer flat-fee divorce packages for uncontested divorces. The exact amount will vary from state to state and from firm to firm, depending on whether custody and visitation are to be negotiated, the size of marital assets, and other important factors.

Self-Representation

When there are little or no obstacles in the divorce process, the state allows spouses to represent themselves in court. It means that spouses prepare documents and apply for the divorce without an attorney, relying on the court’s self-help centers and information available online. That is why self-representation is also called a Do-It-Yourself divorce. The petitioner (the filing spouse) obtains the court forms from the local court, fills them out, signs them together with the other spouse in front of a notary, and files with the court clerk. Some US states accept a joint divorce petition filed by the petitioner and the respondent (the other spouse) together, which can sometimes expedite the divorce.

Self-representation can work out for couples with no minor children together or little trouble agreeing on the split of parental responsibilities, little or no marital assets, and whose marriage was not too long. Lengthy marriages and significant financial assets require professional assistance from financial appraisers and financial advisors.

The common pitfalls of DIY divorce include making errors when completing and submitting divorce papers. Whereas it is affordable to re-apply for divorce in Mississippi ($50 to $75 in filing fees), California couples would probably prefer not to pay twice ($450 for filing for divorce). An unfair divorce settlement and delayed financial claims are other challenges of DIY divorces. For this reason, spouses who opt for self-representation are always advised to seek legal counsel, at least to review their settlement agreement.

Online Divorce

Aware of divorcing couples’ predicament where legal fees are too high and self-representation is too tricky, a slew of Internet divorce services charge very reasonable rates to prepare divorce documents online. From providing court-approved, state-specific forms to meeting the criteria of an uncontested divorce, web-based divorce companies make sure a couple qualifies and provides all the required information to complete the paperwork correctly. After the spouses receive the completed forms, they sign them in the presence of a notary and file them at the local courthouse. Some online divorce services provide filing instructions and legal requirements for the county where the divorce proceedings will take place.

It is easy to find an online web divorce service provider. Just search for something like “complete divorce online” or “divorce over the Internet” plus the name of your state, and you will get links to proven and reputable services. This way, completing an application for divorce online won’t take much time or resources.

Mediation

When spouses are willing to have a peaceful resolution to their marriage but struggle with specific issues, mediation can help the couple quickly reach a mutually beneficial solution. A mediator acts as a neutral third party, understanding both sides and helping them communicate. Given that remaining on good terms is a very desirable outcome to any divorce, mediation can help ease the spouses and their children into the new realities of their relationship. However, agreements achieved during mediation are not enforceable and pivot only on goodwill. Thus this alternative is well-suited for reasonable spouses who have a shared goal of ending this chapter of their life as fast as possible. However, it can be a disputable option for a bickering couple on the way to litigation.

The Only Way to Approach a Contested Divorce

Several aspects can be contested in a divorce, including the dissolution of marriage itself and any divorce-related issues, such as child custody, child support, alimony, and property division. The more issues a couple wants to dispute, the longer and more expensive their divorce gets.

Litigation

The initial procedures are similar for all types of divorce. Stage One is filing the paperwork with the court. In a contested divorce, a lawyer is in charge of preparing, completing, and filing the divorce papers. The respondent gets served the divorce petition (complaint) and summons and files a response. Meanwhile, each party (their respective legal teams) initiates discovery and prepares for a preliminary court hearing. At this point, settlement is possible. If spousal support is contested, the attorneys on one side request documents and interview witnesses to prove that their client is entitled to alimony, while the attorneys on the other side prepare to argue that their client should not pay.

How to Get a Clean Break?

Getting a divorce is never easy. But it is up to each spouse to examine what they have at hand and make the best decision. When opting for an inexpensive alternative, make sure you factor in all aspects and consider all important issues. If you don’t care about the price tag on your divorce, avoid needless pain and make the proceedings run smoothly, at least emotionally.